Interim Order 3

Order Details: Order on Exhibit
Pdf Text: IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT 12
IN
R.A.E. SUIT NO.339 OF 2022
(CNR : MHSCA3-000645-2022)
Smt. Chandrakanta Chamanlal Oberoi … Plaintiff
V/s
Samoon Fakhruddin Rassiwala and anr. ... Defendants
And
Tripat Chamanlal Oberoi … Applicant
And
Namrita Sharma alias Namrita Chamanlal
Oberoi and ors. … Respondents
Coram : A. J. Fatale,
Judge, C.R.No.32 (B.B.),
Date : 28.04.2026
ORAL ORDER :-
Read application. Say not filed. Heard. Perused record
and written notes of arguments filed by applicant at Exh.13.
2. Present application is filed by applicant to bring correct
address of proposed defendant Nos.3 to 5 (wrongly written as
defendant Nos.2 to 4). It is contended that applicant has moved
amendment application Exh.11 for bringing on record legal heirs of
plaintiff. As per contention of applicant, applicant himself and
proposed defendant Nos.3 to 5 are heirs and legal representatives of
original plaintiff. As per contention of applicant, he has received
correct addresses of proposed defendant Nos.3 to 5. Inadvertently
address of applicant is mentioned as address of proposed defendant
Nos.3 to 5. The applicant wants to mention correct addresses of
proposed defendant Nos.3 to 5 while making amendment as per
order below application Exh.11. In my opinion, if the application is
/home/steno32/A.J.Fatale-Judge/ORDER-2026/April-2026/RAE-339-2022-Exh-12-modification of order.odt
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allowed and applicant is permitted to mention correct addresses of
proposed defendant Nos.3 to 5 while carrying out amendment in
plaint as per order below Exh.11, then no prejudice would be caused
to defendant or the proposed defendant. On the other hand, correct
addresses of proposed defendant will be come on record. Hence, I
pass following order :-
ORDER
1. Application is partly allowed.
2. Applicant is permitted to comply the order
below Exh.11 on or before next date.
3. Applicant is also permitted to mention
correct addresses of proposed defendant
Nos.3 to 5 as contended in application while
carrying out amendment in the plaint.
4. Applicant shall file on record amended
plaint and its copies for other side on record.
(A. J. Fatale)
Judge, C.R.No.32 (B.B.)
28.04.2026
Dictated on : 28.04.2026
Checked & signed on : 28.04.2026
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